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The Pittsburg & Midway Coal Mining Co. <br />Three-Year NOV History <br />Date of Issuance: 1.1/15/04 Violation No.: 04-020-107-001 • <br />Brief Description of the violation(s): .Failure to maintain appropriate sediment control measures. Erosion related <br />failure occurred in an embankment. <br />History of Administrative or Judicial proceedings on the violation initiated by the applicant or anyone who owns or <br />controls the applicant: <br />Date: <br />Type of Proceeding: None <br />Location: <br />Current Status of Proceedings: <br />Current Status of Violation: Terminated 11/23/04 and ftne of $1320.00 paid after informal conference. <br />Actions taken by the applicant or any person who owns or controls the applicant or any person owned or controlled <br />by the applicant to abate the violation: Breach in berm repaired by 11/16/04 and NOV terminated 11/23/04. <br />Name of company or person to whom the violation notice was issued: Frank Rivera <br />Federal or State Permit Number: NM-0001 I <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: Office Of Surface Minim <br />Date of Issuance: 10/06/04 Violation No.: 04-020-352-007 <br />Brief Description of the violation(s): .Failure to maintain/construct a primarXroad to the approved design. Ditch <br />depth is too shallow and side slopes too steep. <br />History of Administrative or Judicial proceedings on the violation initiated by the applicant or anyone who owns or <br />controls the applicant: <br />Date: <br />Type of Proceeding: None <br />Location: <br />Current Status of Proceedings: <br />Current Status of Vio]ation: Terminated 11/10/04 and fine of $988.00 paid after informal conference. <br />Actions taken by the applicant or any person who owns or controls the applicant or any person owned or controlled <br />by the applicant to abate the violation: P&M election to submit revision for road design met required abatement. <br />Name of company or person to whom the violation notice was issued: Orlinda Dine <br />Federal or State Permit Number: NM-000lI <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: Office Of Surface Minim <br />Date of Issuance: 09/01/04 Violation No.: 04-020-352-006 <br />Brief Description of the violation(s): .Incomplete blasting record. Type of instrument not recorded. Record unsigned <br />blaster on duty. <br />History of Administrative or Judicial proceedings on the violation initiated by the applicant or anyone who owns or <br />controls the applicant: <br />Date: <br />Type of Proceeding: None <br />Location: <br />Current Status of Proceedings: <br />Current Status of Violation: Terminated and fine of,$870.00 paid after informal conference. <br />Actions taken by the applicant or any person who owns or controls the applicant or any person owned or controlled <br />by the applicant to abate the violation: .No abatement action necessary. Insure future records are complete. <br />Name of company or person to whom the violation notice was issued: Frank G. Rivera <br />Federal or State Permit Number: NM-0001 I <br />C] <br />• <br />Last Updated: December 18, 2007 Page 12 <br />